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Journal Article

Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

01 Feb 1997-Review of Metaphysics-Vol. 51, Iss: 1, pp 153-155
About: This article is published in Review of Metaphysics.The article was published on 1997-02-01 and is currently open access. It has received 2568 citations till now. The article focuses on the topics: Democracy.
Citations
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Journal ArticleDOI
Archon Fung1
TL;DR: In this paper, the authors develop a framework for understanding the range of institutional possibilities for public participation, including who participates, how participants communicate with one another and make decisions together, and how discussions are linked with policy or public action.
Abstract: The multifaceted challenges of contemporary governance demand a complex account of the ways in which those who are subject to laws and policies should participate in making them. This article develops a framework for understanding the range of institutional possibilities for public participation. Mechanisms of participation vary along three important dimensions: who participates, how participants communicate with one another and make decisions together, and how discussions are linked with policy or public action. These three dimensions constitute a space in which any particular mechanism of participation can be located. Different regions of this institutional design space are more and less suited to addressing important problems of democratic governance such as legitimacy, justice, and effective administration.

1,526 citations

01 Dec 2000
TL;DR: In this paper, the authors examine the current debate about the nature of democracy and discuss the main theses of the approach called "deliberative democracy" in its two main versions, the one put forward by John Rawls, and the other one put forth by Jurgen Habermas.
Abstract: This article examines the current debate about the nature of democracy and discusses the main theses of the approach called 'deliberative democracy' in its two main versions, the one put forward by John Rawls, and the other one put forwardby Jurgen Habermas. While agreeing with them as regards to the need to develop a more of democracy than the one offered by the 'aggregative' model, I submit that they do not provide an adequate understanding of the main task of democracy. No doubt, by stating that democracy cannot be reduced to a question of procedures to mediate among conflicting interests, deliberative democrats defend a conception of democracy that presents a richer conception of politics. But, albeit in a different way thanthe view they criticize, their vision is also a rationalist one which leaves aside the crucial role played by 'passions' and collective forms of identifications in the field of politics. Moreover, in their attempt to reconcile the liberal tradition with the democratic one, deliberative democrats tend to erase the tension that exist between liberalism and democracy and they are therefore unable to come to terms with the conflictual nature of democratic politics. The main thesis that I put forward in this article is that democratic theory needs to acknowledge the ineradicability of antagonism and the impossibility of achieving a fully inclusive rational consensus. I argue that a model of democracy in terms of 'agonistic pluralism' can help us to better envisage the main challenge facing democratic politics today: how to create democratic forms of identifications that will contribute to mobilize passions towards democratic designs.;

1,338 citations

Journal ArticleDOI
TL;DR: Public diplomacy, as the diplomacy of the public, not of the government, intervenes in this global public sphere, laying the ground for traditional forms of diplomacy to act beyond the strict negotiation of power relationships by building on shared... as mentioned in this paper.
Abstract: The public sphere is the space of communication of ideas and projects that emerge from society and are addressed to the decision makers in the institutions of society. The global civil society is the organized expression of the values and interests of society. The relationships between government and civil society and their interaction via the public sphere define the polity of society. The process of globalization has shifted the debate from the national domain to the global debate, prompting the emergence of a global civil society and of ad hoc forms of global governance. Accordingly, the public sphere as the space of debate on public affairs has also shifted from the national to the global and is increasingly constructed around global communication networks. Public diplomacy, as the diplomacy of the public, not of the government, intervenes in this global public sphere, laying the ground for traditional forms of diplomacy to act beyond the strict negotiation of power relationships by building on shared...

936 citations

Book
05 Oct 2012
TL;DR: Tweets and the Streets as mentioned in this paper examines the relationship between the rise of social media and the emergence of new forms of protest, arguing that activists' use of Twitter and Facebook does not fit with the image of a "cyberspace" detached from physical reality.
Abstract: Tweets and the Streets analyses the culture of the new protest movements of the 21st century. From the Arab Spring to the "indignados" protests in Spain and the Occupy movement, Paolo Gerbaudo examines the relationship between the rise of social media and the emergence of new forms of protest. Gerbaudo argues that activists' use of Twitter and Facebook does not fit with the image of a "cyberspace" detached from physical reality. Instead, social media is used as part of a project of re-appropriation of public space, which involves the assembling of different groups around "occupied" places such as Cairo's Tahrir Square or New York's Zuccotti Park. An exciting and invigorating journey through the new politics of dissent, Tweets and the Streets points both to the creative possibilities and to the risks of political evanescence which new media brings to the contemporary protest experience.

911 citations

References
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Journal ArticleDOI
TL;DR: The authors examined the role of arts practitioners in the policy process of British arts policy, focusing on original case-study research of playwrights' organisations and playwriting policy, and found that arts practitioners are frequently engaged in policy debate and implementation, and their own initiatives and activities.
Abstract: This paper considers the argument that arts practitioners are rarely acknowledged by cultural policy researchers as being more than marginally involved in policy-making. Drawing on public policy analysis which pays attention to a breadth of policy actors, and on the concept of civil society, the paper examines whether these approaches can help to better investigate and understand the role of arts practitioners in the policy process. It discusses this subject in relation to cultural policy in general and in the specific arena of British arts policy, focusing on original case-study research of playwrights’ organisations and playwriting policy. The case-study evidence demonstrates that arts practitioners – through involvement in policy debate and implementation, and their own initiatives and activities – are frequently engaged in the policy process and thus more broadly in the democratic public domain. Understanding of cultural policy development is therefore considerably weakened if the role of practitioner...

19 citations

Dissertation
01 Jan 2016
TL;DR: In this article, the authors propose a method to identify the authorship of a document and their knowledge about the document's authorship and its content, including the author's copyright.
Abstract: ................................................................................................................. 8 DECLARATION ........................................................................................................... 9 COPYRIGHT STATEMENT .......................................................................................... 10 ACKNOWLEDGEMENT .............................................................................................. 1

19 citations

Journal ArticleDOI
TL;DR: It has often been said that discourse ethics as developed by Jurgen Habermas can be understood as a dialogical continuation of the monological ethics developed by Immanuel Kant, as formulated in this article.
Abstract: It has often been said that discourse ethics as developed by Jurgen Habermas can be understood as a dialogical continuation of the monological ethics developed by Immanuel Kant, as formulated in th...

19 citations

Proceedings ArticleDOI
04 May 2015
TL;DR: Situations akin to public deliberation leading to preference changes are modelled, each endowed with a preference relation over a set of objects and a reliability relation over the involved agents.
Abstract: Situations akin to public deliberation leading to preference changes are modelled. A set of agents is considered, each endowed with a preference relation over a set of objects and a reliability relation over the involved agents. Different ways in which the public announcement of the current individual preferences can influence the agents' future preferences are studied. Special emphasis is given to ways in which the repetitive public announcement of the individual preferences lead to a unanimity on preferences.

19 citations

Journal ArticleDOI
TL;DR: In this paper, the authors present empirical data on how corporate Nordic media executives perceive the state of journalism and the relationship between journalism and democracy, and propose empirical models to understand how they perceive the relationship.
Abstract: This article contributes to recent discussions on the relationship between journalism and democracy. It presents empirical data on how corporate Nordic media executives perceive the state of journa...

19 citations